The rules of the filibuster game

The filibuster is a traditional way for an individual senator, or one representing a minority view to kill legislation that otherwise would have enough support to pass.

The senator speaks until the deadline for considering the measure has passed.

It’s not common, but it’s not unheard of. In fact, Sen. Wendy Davis, the senator who is filibustering the abortion legislation, forced a special session in 2011 when she filibustered legislation to cut back school funding.

In 2011, Davis started talking just before 11 p.m. on the regular session’s last day, meaning she only had to speak for about an hour to kill it.

To kill the abortion legislation this time, the Fort Worth Democrat must speak for over 12 and a half hours – she started at 11:18 a.m. and must speak until midnight.

Filibuster rules require a senator to stay at her desk. She may not “sit, lean, or use a desk or chair in any way,” notes the Legislative Reference Library. She may not take a break for the bathroom, nor eat or drink.

The senator who is filibustering must speak about the issue under consideration.

If the senator doesn’t follow the rules, other senators may raise objections. After the third time, the Senate may vote on a point of order on the matter, and if it succeeds, the filibuster will be ended. Sen. Robert Nichols, R-Jackonville, has objected twice so far, and Lt. Gov. David Dewhurst has sustained one of his objections that Davis was talking about a subject that was not germane.

Another potential way to force an end to a filibuster would be for a senator to call for the previous question. The senator must be supported by five other colleagues in making the request.

It is unclear what happens if the previous question is called. Davis’ office says that by precedent, that would simply require her to keep speaking without any more opportunities to yield for questions, making it a test of endurance. But the method also has been used to cut off debate in the past.